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    • No this is (£387.12 for Rubble) not (£8387.12 ) Repairs is £8000.00 and £5190.00 for unfinished work
    • The figures now match, so as far as I'm concerned that's that.   If there is duplication then that's the OP's look out, there has been nearly a year to make simple lists of costs.   I think "the three of us" should have a last read through.   It's up to Simeon to make sure the references to the exhibits are accurate, they certainly weren't accurate in the version I've just edited, in fact they were contradictory, but that's up to him.   If the "three of us" don't see any obvious errors then the document is good to go tomorrow morning (not as the last minute).
    • We might, finally, be there -   Particulars of Counterclaim   1.      The original Claimant agreed to undertake building work (Project 1) at the original Defendant/now Part 20 Counterclaimant’s property in relation to 3 specific areas of work for an agreed price of £4300.  The work was:   a. To underpin the bay window at the property, b. To replace and repair a previously-removed chimney breast and, c. To install a new beam to the patio door.   2.      It was agreed that Project 1 was to be carried out under the instructions of a structural engineer engaged by the Defendant/Part 20 Counterclaimant and that the Claimant’s work would be as a result of instructions received following the structural engineer's assessment of the property.   3.      Between June and July in 2020 the Defendant/Part 20 Counterclaimant provided the Claimant with a full copy of the structural engineer's report which detailed instructions to the Claimant for the works to be carried out.   4.      It was agreed between the parties that the works would commence on 13 August 2020.   5.      It was agreed between the parties that payments for Project 1 would be made in three instalments. The first payment would be made at the start of the Claimant's work. The second payment would be paid at the halfway point of the Claimant's work. The final payment would be made on completion of the total works.   6.      The Claimant commenced work on 13 August 2020 and the first instalment due was paid.     7.      On 24 August 2020 the Claimant asked the Defendant/Part 20 Counterclaimant to arrange an inspection of his work by the Building Control Inspector.  The Claimant also stated that Project 1 was approaching mid-way and the Defendant/Part 20 Counterclaimant paid the second instalment due.   8.      The Building Inspector arrived to inspect the Claimant’s work but the Claimant was absent.  The Inspector was obviously very displeased by the standard of the Claimant's work.  The Inspector spoke to the Claimant by telephone, asking him why he was absent and interrogating him about the work he had done.  The Inspector then gave him some instructions over the telephone and also left a list of instructions with the Defendant/Part 20 Counterclaimant to be passed on to the builder.  The Building Inspector then said he would be getting in touch with the Defendant/Part 20 Counterclaimant’s structural engineer with his findings and the Defendant/Part 20 Counterclaimant should hear from the engineer soon.   9.      The Defendant/Part 20 Counterclaimant passed on the Building Inspector’s instructions to the Claimant who agreed to follow them.   10.    The structural engineer visited and recommended piling to complete the underpinning for Project 1.  The Claimant explained that he could not undertake this work. The structural engineer then suggested an alternative company to the Defendant/Part 20 Counterclaimant to do the necessary work and this company was engaged by the Defendant/Part 20 Counterclaimant to complete the necessary piling at an additional cost to the Defendant/Part 20 Counterclaimant of £3000 (see receipt, Exhibit 1).   11.    The Claimant asked if the Defendant/Part 20 Counterclaimant needed any more work to be done and, despite the problems encountered on Project 1, the Defendant/Part 20 Counterclaimant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580 and on similar payment terms to Project 1.   12.  As work commenced on Project 2 and was continued on the remaining work for Project 1, the Defendant/Part 20 Counterclaimant had occasion to make several complaints to the Claimant regarding the standard of his work.   13.   Barely a week after starting on Project 2, the Claimant demanded payment for that work.  After a period of negotiation the Defendant/Part 20 Counterclaimant paid the Claimant £1500 in cash.  Both parties agreed that this left a balance outstanding on Project 2 of £1080.   14.  It later came to the Defendant/Part 20 Counterclaimant’s attention that the Claimant had removed material (including a steel beam) from the Defendant/Part 20 Counterclaimant’s property that the Defendant/Part 20 Counterclaimant suspected either belonged to him or had been paid for by him in connection with Project 1.  When the Claimant challenged the Defendant he admitted he had done this.  The Defendant/Part 20 Counterclaimant has included the value of this material in his counterclaim detailed below.   15.    On 21 September 2020 the Defendant/Part 20 Counterclaimant highlighted and sent a snagging list to the Claimant (Exhibit 2).  Over a month later the Claimant sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant (Exhibit 3).  All of this snagging work remains undone by the Claimant.   16.  Apart from the outstanding snagging work referred to in para 16 above, the Claimant also left other work from Projects 1 and 2 uncompleted.  That work which was not completed is listed in Exhibit 4.   17.  During the course of carrying out work on Projects 1 and 2 the Claimant also negligently caused substantial damage to the Defendant/Part 20 Counterclaimant’s property (as itemised in Exhibit 5) by not executing the work with the skill expected of a reasonable tradesman.   18.  The Defendant/Part 20 Counterclaimant seeks an order from the court directing the Claimant to pay to the Defendant/Part 20 Counterclaimant the sum of £16,577.12 in respect of:   (a)   the cost of the piling referred to in para 10 above which the Claimant could not undertake and another contractor had to be paid to complete, £3,000.00, Exhibit 1; (b)   the cost of completing work the Claimant had left undone from Projects 1 and 2 referred to in paras 15 & 16 above, £5,190.00, Exhibits 2 & 3 & 4; (c)   the cost of remedial work to put right the damage negligently caused by the Claimant and referred to in para 17 above, £8387.12, Exhibit 5; (d)  the cost of the steel beam referred to in para 14 above.  This has not yet been costed.   19. In addition to the amount in paragraph 18 above, the Defendant/Part 20 Counterclaimant also claims 8% interest under the County Courts Act 1984 from 26 October 2020 which was the last day the builder or one of his colleagues worked at the property     STATEMENT OF TRUTH   I believe that the facts stated in this particulars of counterclaim are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
    • So do you have psychic powers or are you merely Britain's foremost forensic accounting expert?  Or maybe you're a dentist...   Either way, I'm impressed by anyone who has made any sense of what simeon has posted today.  (And yesterday... and the day before... and the day before that...)
    • [Edit - I see I've cross-posted so hopefully this post of mine is NOT required and can be ignored.  Unless FTMDave thinks it might help]     Christ.   Looking back I see that I introduced paras 16 - 18 back in #95 (I think?) four days ago.  The purpose of those paragraphs was to give some basis to, and explanation of, the figure of £16577 that simeon was claiming, because all he had at that stage was "I'm claiming £16577" but no explanation why.   Because simeon has the intensely annoying habit of repeatedly posting things (like receipts, estimates and reports) with no explanation of why he was posting them or what they are, I've looked at them all and tried to break them down into 18(a) - (d) to make sense of them.  Despite my asking him on several occasions whether any of the posts he kept on making included any duplication of estimated costs, it would now appear that some of the figures are in fact duplicated.  Hence the sum of 18 (a) - (d) exceeds the total amount claimed...  😲 😬 ☹️   Why simeon could not have pointed out that he did not understand the purpose of para 18 (a) - (d) before now (I posted it four days ago) I simply cannot understand, but having looked back over this thread, I'm not certain that simeon has actually understood anything at all that we've been trying to tell him.   And that can't just be down to having poor English I'm afraid...   =============================================================================================================   I'm wondering if Simeon should drop the breakdown of para 18 into four sub-paragraphs and simply say something like this:     "18.  The Defendant/Part 20 Counterclaimant seeks an order from the court directing the Claimant to pay to the Defendant/Part 20 Counterclaimant the sum of £16,577.12 in respect of the costs listed at [simeon - you then add the Exhibit or exhibits where the lists of costs and/or estimates  totalling £16577 can be found, and then delete (a) - (d) as suggested below[   (a)   the cost of the piling referred to in para 10 above which the Claimant could not undertake and another contractor had to be paid to complete is  £3,000 – Exhibit 1 (b)   the cost of completing work the Claimant had left undone from Projects 1 and 2 referred to in para 16 above, £16,577.12 – Exhibit 5 (c)   the cost of remedial work to put right the damage negligently caused by the Claimant and referred to in para 17 above;  £8577,12 – Exhibit 6 (d)  the cost of the steel beam referred to in para 14 above put down as estimated.  TBA 4 and 5   19. In addition to the amount in paragraph 18 above, the defendant/Part 20 counterclaimant also claims 8% interest under the County Courts Act 1984 from the 26 October 2020 which was the last day of his employee left the property"        STATEMENT OF TRUTH   I believe that the facts stated in this particulars of counterclaim are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.’.   The above is just an idea to get round the fact we can't get (a) + (b) + (c) + (d) to add up to £16577.   It's just an idea at this stage......  
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Lowell/Overdales Claimform - old Vanquis Card Debt.


persha50
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Hi - after some advice please.

 

Had a credit card with Vanquis handed over to Lowell on 24/04/2016.

 

When they originally contacted me I dispute the outstanding amount as there were PPI charges on the account which I trying to get back from Vanquis.  Stopped receiving letters from Lowell so that was that. 

 

back in 2019/2020 started getting letters again from Lowell which I disputed. 

I did ask for a copy of the notice of assignment but got sent an email copy which was not on a letterhead also contact numbers missing so queried this as not being a true copy and something they had just printed off.  The amount on the NOA is £1516 but on my credit record its £1443 so not sure why the amounts are different. 

 

About a weekk before receiving the claim form I got a letter from Lowell saying that they had wrongly put charges on my account and would be refunding these, although did not give amounts.

 

Got a claim form from them on 26/11/2021 issued by Oversales but the amount in the form does not reflect any refund either.  I have not idea why my credit record saying £1443 but they are stating £1516.

 

I will be replying to the claim form via moneyclaims and send SAR to Oversales but would appreciate advice etc regarding my defence.

 

I am attaching copies of letters I have from them.

CAG - NOA.pdf Overdale letter.pdf

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Name of the Claimant ? LOWELL

 

Date of issue –  26 NOVEMBER 2021

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1.The claim is for the sum of £1443.27 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a Vanquis account with an account reference of xxxx

 

2.The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with.

 

3.The debt was legally assigned to the claimant on 27-04-16,  notice of which has been given to the defendant.

 

4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment  to the date of issue of these proceedings in the sum of £115.46

The Claimant claims the sum of £1558.73

  

What is the total value of the claim? 1753
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes they did but its more than 30 days after letter when they issued the claim form
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO
 

Did you inform the claimant of your change of address?

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  CREDIT CARD
 

When did you enter into the original agreement before or after April 2007 ? 2012
 

Do you recall how you entered into the agreement...On line /In branch/By post ? OVER THE PHONE
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? YES
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  DEBT PURCHASER
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT ORIGINALLY - BUT THEY HAVE EMAILED ME A COPY
 

Did you receive a Default Notice from the original creditor? NOT SURE
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO
 

Why did you cease payments? EXCESSIVE CHARGES AND PPI CHARGES
 

What was the date of your last payment? NO SURE = ABOUT JAN 2016
 

Was there a dispute with the original creditor that remains unresolved? YES - REGARDING CHARGES AND PPI
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? NO
 

Edited by dx100uk
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  • dx100uk changed the title to Lowell/Overdales Claimform - old Vanquis Car dEbt.VANQUIS - Old alleged debt - Claim form Issued by Overdale Solicitors

you've had enough claimforms already to know EXACTLY what to do 

which is not ever an SAR to a solicitor..:crazy:

 

i suggest you go read your old claimform threads and get back upto speed.

 

also not sure why to date, you've been entering into pointless letter tennis with a DCA and about a silly NOA? thats pretty much immaterial , but checking the agreement is enforceable by sending a CCA request is...

 

but you ignore them unless you get a Letter of Claim.

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............


 

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • Andyorch changed the title to Lowell/Overdales Claimform - old Vanquis Car Debt.
Quote

 

also not sure why to date, you've been entering into pointless letter tennis with a DCA and about a silly NOA? thats pretty much immaterial , but checking the agreement is enforceable by sending a CCA request is...

but you ignore them unless you get a Letter of Claim.

 

 

Reason for the above was to avoid the issue of a letter of claim.  If the NOA was incorrect they would have no reason to issue a Letter of Claim.  Not having a legal background thought this was the best way.

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ok, but, better to ask first every time please.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I am struggling to log into MCOL again.  It seems once you hve logged in when you try 2nd time it does not go through.  It keeps saying user name or password not found.

Can I email the response form (page 2 only) or does it have to be posted.

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  • dx100uk changed the title to Lowell/Overdales Claimform - old Vanquis Card Debt.

You mean doing aos?

 

DX

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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1 hour ago, persha50 said:

I am struggling to log into MCOL again.  It seems once you hve logged in when you try 2nd time it does not go through.  It keeps saying user name or password not found.

Can I email the response form (page 2 only) or does it have to be posted.

 

Not the actual form...but...

To be sent by email

With the Subject heading

Send to email address

Claim Responses

Claim Responses

Complete Online at:

www.moneyclaim.gov.uk/

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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  • 3 weeks later...

Hi - request copy of my file held by Lowell via their solicitors Overdales.

 

Got an email yesterday saying my file is ready for viewing online and I am just waiting for the passcode to arrive via the post.

 

What do I need to look for in the pack. 

have already sent me a copy of my original agreement signed online. 

 

What do I need to put my defence as being the PPI they charged which I disputed. 

Also the different amounts in their requests for payments.

They also contacted me saying they were going to refund part of their charges which had been done in error but this has not been done. 

I cannot find the letter but I am hoping it will be in the pack.

Edited by dx100uk
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have you done AOS and CRP 31.14?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Just received a letter from them saying I need to respond by 9th January if not they will ask for a CCJ to be issued.  I hve still not received the pin number to access my online documents which they emailed to me on 29/12/2021.

 

Any advice on the next step.

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They have said to the county court judgement.  I responded to the AOS via email as could not log onto MCOL.

Sent off for SAR which I got via email on 29/12 but still waiting for the pin number via post to I can access.

They ask to phone if not received but no number of email so have emailed twice advising no pin received.

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Have you submitted a defence...was due 28/29th Dec 2021 ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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You should not have been awaiting docs before you file your defence

On 07/12/2021 at 20:01, dx100uk said:

you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

Is mcol working for you now?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well

you need to be filing a proper defence today,now by 4pm, in the correct format. Else another day is wasted.

 

is mcol working now?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi - only just seen the post as I have been vaccinating all afternoon.  No MCOL is still not working for me.

I wanted to see the paperwork as I have been trying to get PPI back from them so wanted the amount.  It has been awhile so don't have the relevant paperwork.

What is the defence I need to submit.

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you were told long ago forget the ppi thats nothing to do with this claimant nor their court claim, that would be between you and the original creditor and a separate issue.

 

so 4th time

 

is mcol login working for you now?

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Aha still not working so you can email a defence tonight then..

lets see what you filed before in your other threads.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Any of these should do

 

post it up here 1st and we'll give you the email ad of northants bulk

 

clickme^^^^

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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and you've paid no-one anything since? 1000% sure

 

dx

 

On 07/12/2021 at 19:46, persha50 said:

What was the date of your last payment? NO SURE = ABOUT JAN 2016

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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